Residency-absence Query

[JaneDoe1955]

I have Thai residency (Thai husband) but have been back in the UK working for nearly a year. I can't get back to Thailand til about a fortnight after my re-entry visa expires (work commitments, unexpected at one time). I am assuming that my residency will be revoked? Or is there a way around this? Anyone know, please? I understand residency is lifelong (unless you commit one of a series of sins as noted on the Thai immigration page) but re-entry should be within a year. Any advice appreciated! Thanks in advance.

[gzu88bv]

Jane,

I am by far not an expert, but others, more knowledgeable in your matter, will certainly step forward sooner or later.

In your message you want to tell us that you have lifelong residency in Thailand just because you are married to a Thai? I doubt that very much and ask myself, why then do you speak of a so called “Re-Entry Visa”? May I ask you, what visa do you carry in your English passport?

Exactly, your "Re-Entry Visa (actually Re-Entry Stamp) reminds me that you should make absolutely certain to enter Thailand before its expiry date, otherwise you may start from scratch visa-wise! Even marriage does not give you an absolute guarantee that you could stay in this country for ever, unless you are a Thai citizen. And maybe you even have to look into getting a new visa while in England.

[lopburi3]

I believe the poster is talking about Permanent Residence (PR) which is much easier for a female to obtain than a male. In that case the below applies and she has lost her PR status if she does not return in one year:

Section 48 : A residence Certificate is of permanent validity, but it expires when the holder leaves the

Kingdom , unless prior to departing , the holder has his departure for return document endorsed by a

competent official in accordance with Section 50. In such a case , if the certificate holder returns to the

Kingdom within one year from the date of endorsement and he is not excluded from entry according to

Section 12 or 44 , a Residence Certificate shall be considered still valid.

The provisions of Section 12 (1) concerning visa , and (2) and (3) and (4) shall not apply to the

first paragraph of this Section.

[KamnanT]

Assuming the OP is indeed referring to Permanent Residence (as opposed to a one year Extension of Stay based on marriage), then she wouldn't have a re-entry permit.

Once Permanent Residence is granted, any existing visas, extensions of stay and re-entry permits are voided. The Certificate of Residence (blue book) is your evidence that you are permitted to remain in Thailand. A stamp is also entered in your passport noting that you have been granted PR and includes the number of your Certificate.

Permanent Residence is valid for life, a Permanent Resident is not required to apply for permission to stay and may do so indefinitely. Permanent Residents not required to make 90 day notifications (however, they are required to be on a household register - tabien baan).

However, if a Permanent Resident wishes to leave Thailand and return, they must obtain 2 things:

1. An endorsement in their Certificate of Residence. An endorsement is valid for 12 months from date of issue and if the Resident does not return before it expires, the holder loses their Resident status.

2. A Non-Quota Immigrant visa in their passport (not to be confused with a Non-Immigrant visa). Like some other visa types, this can be either single or multiple entry and is valid for a year from the date of issue.

In essence, a Permanent Resident doesn't need permission to remain in Thailand but does need permission to return to Thailand if they depart. If a Resident never leaves Thailand, they would in theory never have to visit Immigration ever again.

I believe the OP's question is "What happens if the endorsement in my Certificate of Residence expires before I return?" The official answer is "You lose your residence." I am not aware of any regulations permitting an extension of the endorsement if you are outside of Thailand. Given the difficulty and expense of obtaining PR, I would find some way to get out of your work commitments and get back to Thailand before your endorsement expires. A call to the PR section at Suan Phlu might reveal if they have any "mitigating circumstances" provisions.

[Boksida]

I had the same problem once when I was on overseas contract for 12-1/2 months in a country that only had a Thai trade representative and no embassy. I was unable to get an extension overseas and my Permanent Residency was revoked. I had to go through the full procedure to get another one. If it is at all possible, it will be cheaper for you to make a short trip back and get another re-entry visa.

[samran]

IF it is indeed permanent residency that you have and you have all the assorted PR books which go along with it (as opposed to an annual extension of stay based on marriage to a Thai husband), then I'd get back ASAP rather than letting it lapse.

You can always work remotely for a couple of days while you get the new extension sorted.

[JaneDoe1955]

Thanks to everyone for their helpful replies, which confirmed what i had expected. Many decisions to be made. I was interested in Boksida's note that you can get an extension from an overseas embassy...can you elaborate on that please?

[lopburi3]

Believe you misread his post - he was not able to obtain an extension.

I was unable to get an extension overseas